MIA SCARLETT GRECO-SMITH, et al., Plaintiffs, v. PROVIDENCE SAINT JOSEPH MEDICAL CENTER, et al., Defendants.

Case No.: BC677457

Hearing Date: May 16, 2019

[Tentative] order RE:

DEFENDANT’S MOTION FOR SUMMARY JUDGMENT

On September 27, 2017, Plaintiffs filed a complaint against Defendant Providence Saint Joseph Medical Center (“Defendant”), as well as Defendants Richard Bardowell, M.D. and Richard Bardowell, M.D., Inc., for medical negligence (on both direct and vicarious liability theories) and negligent infliction of emotional distress (on both a direct and bystander liability theories) in relation to the labor and delivery of Mia Scarlett Greco-Smith. Defendant, the hospital at which the delivery was performed, moves for summary judgment.

The elements of medical malpractice are: “(1) the duty of the professional to use such skill, prudence, and diligence as other members of his profession commonly possess and exercise; (2) a breach of that duty; (3) a proximate causal connection